Facing Employee Termination: How to Handle Poor Performance and Legal Threats?

Termination of Employee on Probation

We appointed an employee on 7th December 2011 on a probation period. Now, I want to terminate this employee due to poor performance. He claims that if I terminate him, the company will have to pay him one month's salary. He has also threatened to report the issue to the labor office.

I would appreciate your valuable suggestions promptly.

With thanks and regards,
Pulkit

If he is on probation and you have taken his acceptance copy of the appointment letter with this probation clause, you could process his termination. However, ensure that he has been intimated in writing in the past regarding his poor performance, as this will help you in case of legal action. I would suggest you extend his probation for the next two months with a warning to improve his performance. Set some benchmarks. This will not create any legal liability for you.

Regards,
Kajal

Addressing Employee Performance Issues

This is a very short duration to assess any employee. Being in HR, you should speak to him to understand the reason for his poor performance and provide him with some training to improve his performance. This is real HR practice rather than terminating anyone.

Regards

Decision-Making on Employee Termination

Taking a decision on anybody is a 2-minute job. You can terminate an employee only when he/she has not met your requirements, provided all these requirements are put in writing and discussed in person, etc. In short, you should have evidence that you have tried all methods to improve his performance. If you do not possess one, as Kajal suggested, try to improve him with proper training and a positive mindset. Even after the best of your efforts, if he has not changed himself, then you can think of your alternatives. Do not forget that it's easy to remove and hard to change and make others change.

Regards,
Dayal

As suggested by Kajal & Dayal, it is better to communicate his poor performance, plan some training, document all these things, obtain his signatures, and build a record which will be useful for your future actions.

I believe 15 days is a very short period. The time you are talking about is not sufficient to complete his induction, locate his work area and tasks. Hence, it is better to wait for some more time. A minimum of one month to understand the work, culture, and team, to get accustomed to the new atmosphere, and deliver the requirements will take at least 3 months. Therefore, don't be in a hurry. If you are very confident that he may not suit your requirements, then build a case, try to provide more training, document the issues, and then take action.

Strengthening the Recruitment Process

The basic point you should understand is that you need to strengthen the recruitment/assessment process because the employee you recruited has failed to perform and be assessed within a span of 15 days.

Regards,
Kamesh

Have you completed the Employee Evaluation? If yes, then first, inform him that there is a problem with his performance during the employee evaluation. You also need to identify the reasons and take sufficient action to correct the employee's errors. However, if you still find that his performance does not improve, you need to provide him with a written document explaining all deficiencies, such as a warning letter or notice. This is really important in this regard.

Well, you don't need to worry about anything, and he can't do anything wrong to you if you have done this job on your end. Also, you must go through the clause for the terms and conditions of the employment letter you have used for this kind of case.

For further information, you can visit the web links posted below:

https://www.citehr.com/36089-warning...erformers.html

https://www.citehr.com/143773-warnin...rformance.html

https://www.citehr.com/256206-what-p...rformance.html

https://www.citehr.com/372529-termin...rformance.html

In my experience, an employee may take a minimum of 3 months to integrate into the system, develop interpersonal relationships, and understand the job from the management's perspective, etc. In the era of Performance Management Systems (PMS), peer cooperation is often limited, and new employees have to navigate various challenges to showcase their abilities. Therefore, it is crucial to make informed decisions when it comes to terminating an employee during the probation period.

Hi Kajal, Kamalesh, Dayal, will you please tell me if you can follow the same procedure for the probationer if his performance does not meet management's requirements? Can management allow you to spend more time developing the probationer's performance? If you spend more time training probationers, then who will run the company? By the way, the probationer is not working as a trainee; he is in the organization to fill a permanent vacancy.

Probation Period Extension

Pulkit's probation period has been extended for two months with notice given to him regarding his unsatisfactory performance. Even if his performance does not improve in those two months as per management's requirements, do not hesitate to terminate him.

Regards, Amol Deokar Manager HR Ahmednagar

Dear Sir, how many days of work has he completed? How many months was he on probation, and was his probation extended? Also, what are the terms and conditions of termination as stated in the appointment letter?

Termination Process and Legal Considerations

Termination can be done after the issuance of warning letters and obtaining acceptance as per labor law. If the employee has been issued the warning letters and has not completed the 240 days, termination is possible. If the appointment letter contains a termination clause, then a decision can be made in all such cases.

Regards,
Rishi Malhotra

If you recruit an employee and within 15 days you feel that he is not performing up to the mark, then there is a mistake in the recruitment process, not a mistake of the employee. The interview assessment is wrong. I think, in this case, the employee should not suffer due to the interviewer's mistake.

Regards,
Kajal

Mr. Amol, well, I need your help with something. Could you please define "I think 1 year 6 months is not sufficient for gaining knowledge of the assigned job according to you, so there is a need for more training" as you stated above? Because I believe neither I nor anyone else has used this term. We were talking about a probationary period of a few days. Please help me understand this. Maybe I'm not as experienced as you, but I seriously want to know why this term has been used here.

Regards,
Amol Deokar

Concerns About the Recruitment Process

There must be something wrong in the recruitment process. How can someone who has not completed even a month be required to be terminated? Was he recruited without being properly tested?

Someone has rightly stated that he can be trained if he is falling short of expectations. If you really want to terminate (for reasons best known to you), you have to adhere to the notice period mentioned in the letter of probation issued to him and accepted by him. However, there must be a mention of reasons for termination. Removing during probation is easier than removing once he is confirmed.

It is also good if, instead of termination, you ask him to resign, convincing him that termination is not a good reason for any employee in his career and his future will be in problem.

Regards,
Sunil

If all of you (superiors, management, and yourself) are convinced that he is not competent enough (may not be displaying the basic knowledge and skills required for the job), you can terminate the said employee's services by giving him a proper notice (as conveyed to him in the appointment letter that you would have issued). You will face no problems either from the employee or from the legal machinery. GOD BLESS.

Regards,
Suresh

I agree with your opinion, but how many days can you bear his unsatisfactory performance? Can management accept the mistake made during the interview (wrong assessment)? Please tell me why management should bear the expenses of his salary if he is not performing well. If you are not informing him about his poor performance, how will he know the areas for improvement? Please let him know the reason for his termination so he can overcome all the shortcomings in his performance.

@ Pulkit

As you updated the information of an employee who joined your organization on 7 Dec. 2011, the time frame for the performance evaluation is very short. Please speak with him regarding his non-performance and ask him the reasons for the same. Check if he has problems with his seniors, work culture, or management pressure, and give him more time to improve his performance. Request management to give him a chance to prove himself if they decide to terminate him. If he has problems as mentioned above, take corrective actions so he can feel your support, which might help improve his performance.

Regards,
Amol Deokar

Evaluating Employee Performance: Considerations for HR

This is a very short duration to evaluate any employee. Being in HR, when you appoint somebody, you definitely have access to the candidate. Within such a short period, if you terminate someone without any valid documented evidence, that may reflect very poor HR practices. Whenever you are making such a decision, please ensure that this will not be documented as bad HR practices.

Regards,
Partha Modak
Administrator
Kolkata

A recruit during probation is not to be treated as a trainee unless specified. To terminate even during probation, one has to follow the principles of natural justice and exhaust the channels to avoid legal tangles. In this case, a written communication should be made to the employee to improve performance before taking final action.

Regards,
Kumar

It has not even been a month since you employed this person. Typically, an employee's learning curve ranges between 3 to 6 months. Firstly, check your company's policy on the probation period. If it is 3 months, I advise you not to terminate the employee now.

Secondly, as the HR head, you cannot terminate an employee solely based on poor performance. You need to talk to him/her. Clearly communicate where he/she is lacking and ask them to focus on those areas. Additionally, discuss with their manager and assign tasks in which they excel. This approach helps boost the employee's morale.

The current situation presents an excellent opportunity to establish a rapport with the new employee, fostering trust in you and the company.

Your role as an HR head is not to make hasty decisions but to allow time for assessment. Provide them with the opportunity to improve, and if after 2-3 months, the manager still observes the same issues, then you can issue a one-month notice or terminate as per the company's policy.

Regards,

You can terminate a probationer at any time during the probation period without assigning any reason.

Regards

I fully agree with Mr. Dayalsaran and Kamesh333 that you need to strengthen the recruitment and assessment process. Mr. Dyal rightly says, “Do not forget that it's easy to remove and hard to change and make others change.” Always remember that every employee may be an asset to the company. The role of HR is not just recruitment and termination. Be patient; try to improve his caliber, provide moral support (these are all parts of welfare), and evaluate his performance. If he fails, you are free to take appropriate action against him.

Regards,
MKSharma64

You should give him some more time for improvement. As Kajal mentioned, you should provide him with training.

You can issue him an "End of Probation" letter. Make sure to have your position clearly stated with a copy of his accepted Appointment Letter.

If he chooses to take the matter to the Labour Court, your case is quite strong. Be thorough with his performance details.

Regards,
Shrenik Lodha
Executive HR

Addressing Employee Attitude and Legal Considerations

Whereas I understand the case, this is purely an attitude problem because the employee is threatening the management with the labor court, etc. In such a short span of time, adjudging somebody's mettle cannot be justified as everybody has indicated in their discussions. However, the attitude shown by the concerned employee is not good for the organization. Therefore, in my opinion, your idea of his separation is correct. But take some time and use this period for completing your homework, like PMS, training, etc., before firing him. This will not only help you avoid any legal complications but also save the face value of the organization.

Hope you understand my points.

Thanks,

Regards,
ANWAR YAHYA ABDALI
HR EXECUTIVE
SNGL PVT. LTD.

Subject: Re: Job Termination

Dear Mr. Pulkit, as you mentioned that the person was recruited on the 7th of December, I believe it is a very short period to assess him. First, you should identify the issues with this individual. Additionally, observe his attitude towards his seniors, his work ethic, and other relevant aspects. In my opinion, it is too early to make a decision. Provide him with some more time to showcase his abilities or assign him a small task. If he is unable to meet expectations, then you can consider termination, ensuring it is done through the appropriate legal process.

Thank you.

Regards, Vindhyachal Tiwari

To terminate any employee is a very easy job, but if you follow the procedure as an HR Professional, that will be helpful to you. Please focus on the following points:

1. In the probation clause, the company can terminate any employee at any time.
2. First, talk with the HOD, then the particular employee about the performance.
3. We cannot assess anyone in a very short tenure.
4. Give him extra time to prove himself on the platform.
5. If not, give him a written warning letter or intimation letter about the poor performance.
6. If not, you can extend his probation.
7. If not, you can terminate him.

Thank you,

Regards,
Tejas Chikshe
Asst. Manager HR & Admin

I have a suggestion. Why don't you just copy and paste the exact termination/notice period clause of your offer/appointment letter. Let's then look at what can be done and what cannot.

What is interesting is that everyone feels it is the right of the employee to be in this job. I'm sorry, people. The right to keep the employee in the job rests with the organization as much as the employee's right to leave that organization. Being in HR, you need to exercise this right sometimes.

I think it is too early to terminate an employee with just a short tenure. Everyone takes time to become familiar with the organization. In my opinion, he should not be terminated before the end of his probation period. As mentioned earlier, have a discussion with him and ask if there are any problems.

Normally, a new employee takes 3-4 months to become familiar with an organization.

Regards,
Rakesh

I am in agreement with Mr. Amol regarding the termination of probationers. The appointment letter must include provisions for the termination of a probationer without notice. It is important to note that a probationer is not a fresher but rather a skilled individual. Therefore, if an employee fails to perform efficiently during the probation period, it is advisable not to engage in a lengthy process and to proceed as Mr. Amol suggested.

Best of luck,

Regards,
R.N. Pandey
Manager HR

Well said. Employees should not suffer. Being an HR professional, do the right recruitment. As Mr. Anil said, you should take care of your employees and employer. I know something happened with his immediate boss, and HR faced pressure to dismiss the person. Please follow the HR process to terminate the individual and communicate with his boss. Give him at least a month to understand the function.

Thanks and Regards,
Vishal Dixit

In regard to the above case, he was employed on the 7th and terminated on the 28th due to poor performance. In my opinion, a 20-day period is very short to assess the capabilities of a new employee. An employee typically takes a minimum of two months to acquaint themselves with the organization, its policies, etc.

If you are satisfied with his performance, it is advisable to issue a written warning for him to improve within the next two months at least. If there are no improvements, you can terminate his services without a one-month notice since no notice is required for probationers. Furthermore, a probationer is not entitled to demand reasons.

Regards,
RL Dhingra, Advocate Labour Law Consultant, Delhi [Phone Number Removed For Privacy Reasons] [Email Removed For Privacy Reasons]

Though generally, some firms' terms and conditions for appointment allow "termination without assigning any reason" during the probation period, it is not ethical to terminate any employee without following the prescribed procedure. In any case, natural justice will prevail. One has to arm oneself with proper documentation before initiating the termination process, whatever the reason may be.

Regards,
Kumar.S.